A by-law to repeal
By-law 59-98 and establish a by-law to provide for the deferral of part
of a property tax increase for low-income seniors and low-income persons
with disabilities.

WHEREAS Section 373 of the Municipal Act, R.S.O. 1990, ch. M.45, as amended
(hereinafter referred to as the "Act"), provides that for the purpose
of relieving financial hardship, the Council of the Regional Corporation may
pass a by-law providing for deferrals of all or part of a tax increase on property
in the residential/farm property class for owners who are, or whose spouses
or same-sex partners are, low-income seniors or low-income persons with disabilities;

AND WHEREAS the Council of the Regional Corporation has by resolution passed
on August 9, 2001 resolved to enact a by-law providing for such deferrals;

NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. By-law 59-98 is hereby repealed.

DEFINITIONS

2. In this by-law:

a) "applicant"
means an individual who makes application for a deferral, and "application"
has a complementary meaning;

b) "area municipality"
means the City of Mississauga, the City of Brampton or the Town of Caledon;

c) "tax increase"
has the same meaning as in subsection 373(4) of the Act;

d) "deferral"
means the deferral of part of the tax increase in accordance with this by-law,
and "defer" has a complementary meaning;

e) "eligible deferral
amount" means that part of the tax increase for the taxation year in
which the application is made which is in excess of one hundred dollars ($100.00);

f) "eligible person"
means an individual who meets the requirements of eligibility to receive a
deferral in accordance with this by-law;

g) "eligible property"
means property in respect of which an application may be made in accordance
with this by-law;

h) "owner" means
an individual who has been assessed as an owner;

i) "spouse"
in relation to a person means a person of the opposite sex,

1. to whom the person
is married, or

2. with whom the person is living outside marriage in a conjugal relationship,
if the two persons:

i. have co-habited
for at least one year, or
ii. are together the parents of a child, or
iii. have together entered into a co-habitation agreement under section
53 of the Family Law Act;

j) "same-sex partner"
means a person of the same sex with whom the person is living outside marriage
in a conjugal relationship, if the two persons,

1. have co-habited for
at least one year, or
2. are together the parents of a child, or
3. have together entered into a co-habitation agreement under section 53
of the Family Law Act;

k) "Treasurer" means the Treasurer of the area municipality within
which an eligible property is located.

3. An application may be made by an owner to the Treasurer for a deferral of
a tax increase for an eligible property.

4. (1) An application shall be made annually in the year to which the related
tax increase to be deferred relates, and prior to a deadline date to be determined
annually by the Treasurer.

(2) The deadline date
referred to in subsection 4(1) may be different in different area municipalities.

(3) An application may
be made for the deferral of a tax increase only for the taxation year in which
the application is made.

(4) An application shall
demonstrate to the satisfaction of the Treasurer that the application meets
all requirements established by this by-law including that the application
is made in respect of eligible property.

(5) An application shall
be in the form required by the Treasurer.

5. A property is an eligible property for the purposes of this by-law if:

a) it is property in the
residential/farm property class;

b) it is the principal
residence within the meaning of the Income Tax Act (Canada), of an owner of
the property or of the spouse or of the same-sex partner of an owner;

c) every owner of the
property is either an eligible person or the spouse or the same-sex partner
of an eligible person; and

d) no arrears of property
tax are payable in respect of the property.

6. (1) A person is an eligible person for the purpose of this by-law if:

(a) the person is at the
time of making the application

(i) 65 years of age
or older and eligible for and in receipt of the guaranteed income supplement
authorized under Part II of the Old Age Security Act (Canada); or

(ii) eligible for and
in receipt of an allowance, benefits or income support as a disabled person
or as a person with a disability under the Family Benefits Act, or under
the Ontario Disability Support Program Act; and

(b) the person has owned
real property within the area municipality for at least one year immediately
preceding the date of the application.

(2) No person shall be considered to be an eligible person or the spouse or
the same-sex partner of an eligible person for the purposes of an application
under this by-law in connection with more than one application in any taxation
year.

7. (1) The Treasurer may approve a proper application under this by-law and
defer the eligible deferral amount until such time as

a) the property ceases
to be eligible property; or

b) the owner or owners
convey the property by way of a deed or transfer, or enter into any agreement
that has the effect of granting the use of or rights in the property directly
or by entitlement to renewal for a period of twenty-one years or more.

(2) The eligible deferral amount and the amount of a tax increase shall be
determined by the Treasurer in accordance with subsection 373(4) of the Act.

(3) Despite any other provision of this by-law, the eligible deferral amount
for one or more taxation years shall not in the aggregate exceed 75% of the
assessed value of the eligible property.

(4) Upon the termination of a deferral, the eligible deferral amount shall
become a debt due and payable to the area municipality.

8. (1) Statutory references in this by-law shall be deemed to refer to those
provisions as amended or replaced from time to time.

(2) This by-law may be
cited as the "Tax Relief for Seniors and Persons with Disabilities By-law,
2001".

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 9th August, 2001.